[Adopted 9-9-1960 by Ord. No. 1960-7 (Ch. 21, Part 2, of
the 1990 Code)]
[Amended 4-14-1976 by Ord. No. 1976-6]
A.
It shall be unlawful for any person, firm or corporation
to make any opening or excavation in or under any street, alley or
thoroughfare within the limits of the Township of Swatara unless and
until a permit has been secured, for each undertaking, from the Board
of Commissioners.
B.
The fee for such permit shall be fixed from time to
time by the Board of Commissioners.
C.
The application for such permit and every permit issued
hereunder shall specify the place where said opening or excavation
will be made and the time when said opening or excavation may remain
open, together with the estimated length, width and depth thereof,
and any additional information requested by the Township.
Annual "emergency permit cards" may be granted,
upon request, by the Board of Commissioners where deemed necessary
or appropriate. However, the holder of such card shall nevertheless
secure a permit for any emergency opening in the usual manner from
the Board of Commissioners on the morning of the first working day
following the emergency work.
It shall be the responsibility of the permittee
to adequately protect and direct vehicles and pedestrian traffic by
means of guards, barriers, lights, signs and flagman (where necessary).
the permittee shall assume all risks and be liable for all damages
by reason of openings and excavations and by reason of any failure
to properly fill and maintain the trench or ditch. No street, alley
or thoroughfare may be barricaded to all traffic unless written permission
has been granted by the Board of Commissioners and provision made
for detours at the expense of the permittee.
[Amended 4-11-1990 by Ord. No. 1990-1]
After the pipe or conduit is laid, the trench
shall be backfilled with AASHTO No. 8 stone to a height as specified
in PennDOT Publication 408 Standards and thoroughly compacted with
mechanical tampers. Great care shall be exercised to obtain thorough
compaction under the haunches and along the side of the pipe or conduit.
The remaining portion of the ditch shall be backfilled in four-inch
layers of No. 2-A stone and compacted with a mechanical tamper. If
desired, the contractor has the option of performing compaction by
means of a hydra hammer or equal and in this case backfilling shall
be layers not exceeding a 1 1/2 foot depth.
[Amended 4-14-1976 by Ord. No. 1976-6; 4-11-1990 by Ord. No. 1990-1]
All improved roadway surface permanent restoration
shall be made by the permittee or, at its option, by Swatara Township
at the permittee's expense in accordance with the restoration rate
schedule to be established from time to time by the Board of Commissioners.
When permanent restoration of improved roadway surface is performed
by a permittee, approval shall be secured from the Director of Code
Enforcement, and in such case a fee sufficient to cover full-time
inspection shall be paid by the permittee in accordance with the restoration
rate schedule to be established from time to time by the Board of
Commissioners. Pavement replacement shall be in accordance with Township
Engineering standards. The perimeter of the utility opening where
the pavement replacement meets the existing pavement shall have the
joint sealed in accordance with PennDOT Publication 408 Standards.
Upon completion, the permittee shall mark the restored roadway surface
with durable paint indicating the month and year of the repair.
[Amended 4-11-1990 by Ord. No. 1990-1]
In instances pertaining to the opening of Township
roadways the permittee is responsible for correction of ditch settlement
for a period of one year. If the Board of Commissioners directs, the
permittee shall place temporary paving material over the excavation
area until permanent restoration is made.
If the work in opening, filling and maintaining
the surface shall not be performed promptly or shall be unskillfully
or improperly or incompletely done, the Board of Commissioners may
cause same to be done in a manner they deem proper, and the expense
thereof, including any overhead expense, shall be charged to the permittee,
together with 25% additional as a penalty.
No new permit shall be issued to any person,
firm or corporation in default under any of the provisions of this
article.
The Board of Commissioners reserves the right
to place an inspector on any and all jobs they deem necessary in order
to insure good workmanship and the actual expense of said inspection
shall be charged to the permittee.
[Amended 4-14-1976 by Ord. No. 1976-6; 4-11-1990 by Ord. No. 1990-1]
Any person, firm or corporation who or which
shall violate any provision of this article shall, upon conviction
thereof, be sentenced to pay a fine of not less than $30 nor more
than $600 and costs of prosecution, or, in default of payment of such
fine and costs, to undergo imprisonment for not more than 30 days.
Every day that a violation of this article continues shall constitute
a separate offense.
